The Director of the Ontario Disability Support Program appealed a Social Benefits Tribunal decision finding that s. 5(2) of the ODSPA, which denies benefits to individuals whose sole impairment is addiction, violated the Human Rights Code.
The Divisional Court dismissed the appeal, upholding the Tribunal's finding that the respondents, who were disabled by alcoholism, were discriminated against.
The Court confirmed that the Tribunal was not required to apply the third, dignity-focused step of the Law test to establish discrimination under the Code.
